them in their efforts to return. These people share many problems usually associated
with statelessness. They may find themselves stuck in a twilight zone when, for instance,
re-entry to a country of origin is refused or when consular authorities prove unwilling or
unable to issue travel documentation, after an application for a residence permit in the
Netherlands has been denied.10 In such cases, it may be appropriate to ask whether the
government concerned indeed considers them nationals. As return can generally only be
effected with the cooperation of the country of origin, the return criterion is in line with
several of the principal functions of nationality in international law: the right of States
to provide their nationals with diplomatic protection and consular assistance abroad,
the obligation of States to allow the return of their nationals and the right of nationals
to a passport which would allow them to leave any country, including their own and to
return to their own country.11 Demonstrated unreturnability thus points to the absence of
several, inter-linked functions of an individual’s presumed nationality.
1.3 Demographic and legal methodology
12. The demographic chapter of this report consists of a quantitative and a qualitative
analysis. As far as the quantitative section is concerned, the calculation of the number of
stateless persons in the world is primarily dependent upon two factors: the way in which
statelessness is defined in each State and the practices in the registration process or other
identification methodology used. In the Dutch context, the CBS relies on the GBAs, which
in turn include as stateless only those who can accurately document their statelessness.
This means that the number of people registered as stateless in the GBA is relatively
low. By contrast, there are a large number of people registered in the GBAs as being of
unknown nationality which may obscure thousands of people not formally recognized as
stateless or alternatively who are not returnable. For this reason, both categories will be
scrutinized to reveal the individuals behind the numbers. As for the way stateless persons
are registered in the Netherlands, this practice was considered sufficiently complex
to warrant special attention (see chapter 3.2). It should be noted that whenever CBS
statistics conflicted with those of the IND, CBS figures were given precedence. Several
interviews with IND personnel and municipal officials were conducted to shed additional
light on the limited availability of data and the way stateless persons are registered in the
Netherlands. Case law on registration practices will at times be provided to highlight and
clarify striking statistical outcomes.
13. For the qualitative part, NGOs and law firms were asked to provide the authors with names
and addresses of (potentially) stateless and/or unreturnable persons. Based on these
referrals, 24 people were interviewed in 20 different interviews (family members in identical
situations were in some cases interviewed together). Their ages ranged from 21 to 60 and
seven out of 24 interviewees were female. They were interviewed in six different cities, in
NGO offices, cafés and in one case in the interviewee’s home. Additionally, three different
aliens’ detention facilities were visited in order to be able to speak to people in custody.
All interviews were semi-structured to assure some level of comparability between the
different cases presented here. In each case documentary support was sought to back
10
In applying the distinction between stateless persons and unreturnable persons, we follow the
UNHCR report “Mapping Statelessness in the United Kingdom”, November 2011.
11
ee Article 12 of the International Covenant on Civil and Political Rights and also UNHCR, “The
S
Concept of Stateless Persons under International Law”, Summary Conclusions of an Expert
Meeting held in Prato, Italy on 27-28 May 2010, available at http://www.unhcr.org/refworld/
docid/4ca1ae002.html.
in the Netherlands
7